Community Services Legislation Amendment Act 2002 (Qld)

Community Services Legislation Amendment Act 2002

Queensland COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 2002 Act No. 46 of 2002

Queensland COMMUNITY SERVICES LEGISLATION AMENDMENT ACT 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 2—AMENDMENT OF COMMUNITY SERVICES (ABORIGINES) ACT 1984 3 Act amended in pt 2 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Amendment of s 6 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Amendment of s 13D (Overruling by-laws) . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 Amendment of s 25 (Functions of Aboriginal councils) . . . . . . . . . . . . . . . . 13 7 Omission of ss 26 and 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8 Insertion of new s 32AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 32AA Special accounting provision for particular payments. . . . . . . . . . . . 13 9 Amendment of s 40 (Discharge of Aboriginal police function) . . . . . . . . . . 14 10 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 3A—COMMUNITY JUSTICE GROUPS Division 1—Establishment, functions and powers 45C Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 45D Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2—Provisions about membership of groups and group coordinators 45E Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 45F Criminal history checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 45G Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 3—Miscellaneous provisions

2 Community Services Legislation Amendment Act 2002 No. 46, 2002 45H Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 45I Protection of members from civil liability. . . . . . . . . . . . . . . . . . . . . 17 45J Reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11 Insertion of new pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 3B—CONTROL OF POSSESSION AND CONSUMPTION OF ALCOHOL IN COMMUNITY AREAS Division 1—Preliminary 45K Purpose of pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 45L Deﬁnitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2—Dry places 45M Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 45N Notice of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 45O Objections and supporting submissions. . . . . . . . . . . . . . . . . . . . . . . 21 45P Notice about declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 45Q Suspension of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 45R Effect of declaration of dry place. . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 3—Offences 45S Obstructing members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 45T Possession or consumption of alcohol in or on dry place . . . . . . . . . 23 45U False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 45V False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 4—Appeals 45W Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 45X How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 45Y Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 45Z Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 45ZA Constitution of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 45ZB Effect of Magistrates Court’s decision. . . . . . . . . . . . . . . . . . . . . . . . 26 45ZC Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 5—Miscellaneous provision 45ZD Making applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 12 Insertion of new pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

3 Community Services Legislation Amendment Act 2002 No. 46, 2002 PART 3C—PROVISIONS ABOUT MAKING BY-LAWS AND SUBORDINATE BY-LAWS Division 1—Preliminary 45ZE Deﬁnitions for pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Publishing model by-laws and power to make subordinate by-laws 45ZF Minister may publish model by-laws. . . . . . . . . . . . . . . . . . . . . . . . . 45ZG Power to make subordinate by-laws . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Process for making by-laws 45ZH By-law process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45ZI Step 1—propose a by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45ZJ Step 2—ensure proposed by-law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45ZK Step 3—consultation about proposed by-law . . . . . . . . . . . . . . . . . . 45ZL Step 4—give access to proposed by-law . . . . . . . . . . . . . . . . . . . . . . 45ZM Step 5—accept and consider all submissions . . . . . . . . . . . . . . . . . . 45ZN Step 6—decide whether to proceed with making proposed by-law 45ZO Step 7—again ensure proposed by-law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45ZP Step 8—make proposed by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45ZQ Step 9—give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Process for making subordinate by-laws 45ZR Subordinate by-law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45ZS Step 1—propose a subordinate by-law . . . . . . . . . . . . . . . . . . . . . . . 45ZT Step 2—consultation about proposed subordinate by-law. . . . . . . . . 45ZU Step 3—give access to proposed subordinate by-law . . . . . . . . . . . . 45ZV Step 4—accept and consider all submissions . . . . . . . . . . . . . . . . . . 45ZW Step 5—make proposed subordinate by-law . . . . . . . . . . . . . . . . . . . 45ZX Step 6—give public notice of subordinate by-law. . . . . . . . . . . . . . . 45ZY Early start for subordinate by-law making process . . . . . . . . . . . . . . Division 5—Commencement and status of by-laws and subordinate by-laws 45ZZ Commencement of by-laws and subordinate by-laws . . . . . . . . . . . . 45ZZA Effect of by-laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 28 28 28 29 29 30 31 31 32 32 33 34 34 35 35 36 36 37 37 38 38 39

4 Community Services Legislation Amendment Act 2002 No. 46, 2002 45ZZB Extent to which subordinate by-law is binding . . . . . . . . . . . . . . . . 39 45ZZC When subordinate by-laws cease to have effect . . . . . . . . . . . . . . . . 39 45ZZD Proof of by-laws and subordinate by-laws . . . . . . . . . . . . . . . . . . . . 39 45ZZE By-law and subordinate by-law presumed to be within power. . . . . 40 13 Amendment of s 81 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 14 Insertion of new s 81A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 81A Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 15 Amendment of s 82 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 16 Insertion of new pt 10, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Division 2—Transitional provision for Community Services Legislation Amendment Act 2002 85A Transitional provision for process for making by-laws . . . . . . . . . . . 41 17 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 PART 12—PROVISION FOR REPRINTING ACT 87 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 42 PART 3—AMENDMENT OF COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 18 Act amended in pt 3 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 19 Amendment of s 6 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 20 Amendment of s 13D (Overruling by-laws) . . . . . . . . . . . . . . . . . . . . . . . . . 44 21 Amendment of s 23 (Functions of Island councils) . . . . . . . . . . . . . . . . . . . 45 22 Omission of ss 24 and 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 23 Insertion of new s 30AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 30AA Special accounting provision for particular payments. . . . . . . . . . . . 45 24 Amendment of s 38 (Discharge of Island police function) . . . . . . . . . . . . . . 46 25 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 PART 3A—COMMUNITY JUSTICE GROUPS Division 1—Establishment, functions and powers 43C Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 43D Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 2—Provisions about membership of groups and group coordinators 43E Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

5 Community Services Legislation Amendment Act 2002 No. 46, 2002 43F Criminal history checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 43G Coordinator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 3—Miscellaneous provisions 43H Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 43I Protection of members from civil liability. . . . . . . . . . . . . . . . . . . . . 49 43J Reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 26 Insertion of new pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 PART 3B—CONTROL OF POSSESSION AND CONSUMPTION OF ALCOHOL IN COUNCIL AREAS Division 1—Preliminary 43K Purpose of pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 43L Deﬁnitions for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 2—Dry places 43M Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 43N Notice of proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 43O Objections and supporting submissions. . . . . . . . . . . . . . . . . . . . . . . 53 43P Notice about declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 43Q Suspension of declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 43R Effect of declaration of dry place. . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Division 3—Offences 43S Obstructing members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 43T Possession or consumption of alcohol in or on dry place . . . . . . . . . 55 43U False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 43V False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 4—Appeals 43W Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 43X How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 43Y Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 43Z Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 43ZA Constitution of Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 43ZB Effect of Magistrates Court’s decision. . . . . . . . . . . . . . . . . . . . . . . . 58 43ZC Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Division 5—Miscellaneous provision

6 Community Services Legislation Amendment Act 2002 No. 46, 2002 43ZD Making applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 27 Insertion of new pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 PART 3C—PROVISIONS ABOUT MAKING BY-LAWS AND SUBORDINATE BY-LAWS Division 1—Preliminary 43ZE Deﬁnitions for pt 3C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Division 2—Publishing model by-laws and power to make subordinate by-laws 43ZF Minister may publish model by-laws. . . . . . . . . . . . . . . . . . . . . . . . . 60 43ZG Power to make subordinate by-laws . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 3—Process for making by-laws 43ZH By-law process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 43ZI Step 1—propose a by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 43ZJ Step 2—ensure proposed by-law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 43ZK Step 3—consultation about proposed by-law . . . . . . . . . . . . . . . . . . 62 43ZL Step 4—give access to proposed by-law . . . . . . . . . . . . . . . . . . . . . . 63 43ZM Step 5—accept and consider all submissions . . . . . . . . . . . . . . . . . . 63 43ZN Step 6—decide whether to proceed with making proposed by-law . 64 43ZO Step 7—again ensure proposed by-law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 43ZP Step 8—make proposed by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 43ZQ Step 9—give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Division 4—Process for making subordinate by-laws 43ZR Subordinate by-law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 43ZS Step 1—propose a subordinate by-law . . . . . . . . . . . . . . . . . . . . . . . 67 43ZT Step 2—consultation about proposed subordinate by-law. . . . . . . . . 67 43ZU Step 3—give access to proposed subordinate by-law . . . . . . . . . . . . 68 43ZV Step 4—accept and consider all submissions . . . . . . . . . . . . . . . . . . 68 45ZW Step 5—make proposed subordinate by-law . . . . . . . . . . . . . . . . . . . 69 43ZX Step 6—give public notice of subordinate by-law. . . . . . . . . . . . . . . 69 43ZY Early start for subordinate by-law making process . . . . . . . . . . . . . . 70 Division 5—Commencement and status of by-laws and subordinate by-laws

7 Community Services Legislation Amendment Act 2002 No. 46, 2002 43ZZ Commencement of by-laws and subordinate by-laws . . . . . . . . . . . . 70 43ZZA Effect of by-laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 43ZZB Extent to which subordinate by-law is binding . . . . . . . . . . . . . . . . 71 43ZZC When subordinate by-laws cease to have effect . . . . . . . . . . . . . . . . 71 43ZZD Proof of by-laws and subordinate by-laws . . . . . . . . . . . . . . . . . . . . 71 43ZZE By-law and subordinate by-law presumed to be within power. . . . . 72 28 Amendment of s 80 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 29 Insertion of new s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 80A Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 30 Amendment of s 81 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 31 Insertion of new pt 10, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 3—Transitional provision for Community Services Legislation Amendment Act 2002 84B Transitional provision for process for making by-laws . . . . . . . . . . . 73 32 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 PART 12—PROVISION FOR REPRINTING ACT 86 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 74 PART 4—AMENDMENT OF LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 33 Act amended in pt 4 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 34 Amendment of s 3 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 35 Insertion of new s 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 15 Special accounting provision for particular payments. . . . . . . . . . . . 75 36 Amendment of s 33 (Law and order in shires) . . . . . . . . . . . . . . . . . . . . . . . 75 37 Insertion of new s 55AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 55AA Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 38 Omission of pt 6 (Control of possession or consumption of alcohol at Aurukun) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 39 Insertion of new pt 8, div 2 and pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Division 2—Transitional provisions for Community Services Legislation Amendment Act 2002 112 Deﬁnitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 113 Law council dissolved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 114 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

8 Community Services Legislation Amendment Act 2002 No. 46, 2002 115 Application to declare dry place . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 116 Notice of proposal to declare dry place . . . . . . . . . . . . . . . . . . . . . . . 77 117 Notice about dry place declaration . . . . . . . . . . . . . . . . . . . . . . . . . . 78 118 Dry place declaration continues in force . . . . . . . . . . . . . . . . . . . . . . 78 119 Reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 120 Transitional regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . 79 PART 9—PROVISION FOR REPRINTING ACT 121 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 80 PART 5—MINOR AND CONSEQUENTIAL AMENDMENTS 40 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 81 MINOR AND CONSEQUENTIAL AMENDMENTS COMMUNITY SERVICES (ABORIGINES) ACT 1984. . . . . . . . . . . . . . . 81 COMMUNITY SERVICES (TORRES STRAIT)ACT1984. . . . . . . . . . . . 82 JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 LOCAL GOVERNMENT (ABORIGINAL LANDS)ACT1978 . . . . . . . . 83 PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 84

Queensland Community Services Legislation Amendment Act 2002 Act No. 46 of 2002 An Act to amend the Community Services (Aborigines) Act 1984 , Community Services (Torres Strait) Act 1984 and Local Government(Aboriginal Lands) Act 1978, and for other purposes [Assented to 24 September 2002]

s 1 10 s 4 Community Services Legislation Amendment Act 2002 No. 46, 2002 The Parliament of Queensland enacts— PART 1—PRELIMINARY 1 Short title This Act may be cited as the Community Services Legislation Amendment Act 2002 . 2 Commencement Sections 34, 36, 38 and 39 commence on a day to be ﬁxed by proclamation. PART 2—AMENDMENT OF COMMUNITY SERVICES (ABORIGINES) ACT 1984 3 Act amended in pt 2 and schedule (1) This part amends the Community Services (Aborigines) Act 1984. (2) The schedule also includes amendments of the Community Services(Aborigines) Act 1984. 4 Amendment of s 6 (Deﬁnitions) Section 6— insert— ‘ “Aboriginal police ofﬁcer” means a person appointed under section 39 as an Aboriginal police ofﬁcer for a council area. “advertised proposed by-law” , for part 3C, see section 45ZN(a).

s 4 11 s 4 Community Services Legislation Amendment Act 2002 No. 46, 2002 “alcohol” has the same meaning as “liquor” in the Liquor Act 1992 . 1 “amended proposed by-law” , for part 3C, see section 45ZN(b). “appealable decision” , for part 3B, see section 45L. “approved form” means a form approved under section 81A. “canteen” see the IndigenousCommunitiesLiquorLicencesAct2002 , schedule. “certiﬁed copy” , for part 3C, see section 45ZE. “closing day for objections and submissions” , for part 3B, see section 45N(2). “community area” means a council area or the Shire of Aurukun or Mornington. “community council” means an Aboriginal council or the Council of the Shire of Aurukun or Mornington. “community justice group” means a community justice group established under part 3A for a community area. “consultation period” , for part 3C, see section 45ZK(1) or 45ZT(1). “coordinator” , for a community justice group, means the person appointed under section 45G by the group to perform the functions of coordinator for the group. “drafting certiﬁcate” , for part 3C, see section 45ZE. “dry place” , for part 3B, see section 45L. “entity” , for part 3B, see section 45L. “liquor provisions” means— (a) section 45T; and 1 The Liquor Act 1992 , section 4B— 4B Meaning of “liquor” (1) “Liquor” is a spiritous or fermented ﬂuid of an intoxicating nature intended for human consumption. (2) “Liquor” also includes any other substance intended for human consumption in which the level of ethyl alcohol (ethanol) is more than 5 mL/L (0.5%) at 20ºC. (3) However, “liquor” does not include a ﬂuid, that would otherwise be liquor, if it is used merely as a preservative or medium in which fruit is offered for sale to the public in sealed containers and with the contents visible.

s 5 12 s 5 Community Services Legislation Amendment Act 2002 No. 46, 2002 (b) the Liquor Act 1992 , sections 168B, 169 and 171. 2 “member” , for parts 3A and 3B, means a member of a community justice group. “model by-law” , for part 3C, see section 45ZF(1). “police ofﬁcer in charge” , for a council area, means the police ofﬁcer in charge of the police station in the area or, if there is no police station in the area, the police ofﬁcer in charge of the nearest police station. “possess” , for part 3B, see section 45L. “private place” , for part 3B, see section 45L. “proposed authorising law” , for part 3C, see section 45ZY(1). “proposed by-law” , for part 3C, see section 45ZI(1) or (2). “public place” , for part 3B, see section 45L. “required number” , for part 3C, see section 45ZE. “State interest” , for a by-law or subordinate by-law, a provision of a by-law or subordinate by-law, or a provision of a proposed by-law or subordinate by-law, means— (a) an interest that affects an economic, social or environmental interest of the State or a region; or (b) an interest in ensuring there is an efﬁcient, effective and accountable system of local government in the council area to which the law relates; or (c) an interest prescribed under a regulation. “subordinate by-law” , for part 3C, see section 45ZG.’. 5 Amendment of s 13D (Overruling by-laws) Section 13D(3)— omit . 2 Section 45T (Possession or consumption of alcohol in or on dry place) and the Liquor Act 1992 , sections 168B (Prohibition of possession of liquor in restricted area), 169 (Authority required for sale) and 171 (Carrying or exposing liquor for sale)

s 6 13 s 8 Community Services Legislation Amendment Act 2002 No. 46, 2002 6 Amendment of s 25 (Functions of Aboriginal councils) Section 25(2A)— omit, insert— ‘ (2A) Without limiting the functions and powers of an Aboriginal council, a council may make by-laws— (a) not inconsistent with part 3B, for the purpose of regulating and controlling the possession or consumption of alcohol in its council area; or (b) conferring functions on the community justice group for its council area.’. 7 Omission of ss 26 and 27 Sections 26 and 27— omit. 8 Insertion of new s 32AA After section 32— insert— ‘32AA Special accounting provision for particular payments ‘ (1) An Aboriginal council must keep separate accounting records for payments made to it under the Indigenous Communities Liquor LicencesAct 2002 , section 9. ‘ (2) The council must ensure the amounts paid to it are used only for— (a) funding programs or services for the beneﬁt of residents of its council area; or (b) if an implementation regulation under the IndigenousCommunitiesLiquorLicencesAct2002 , section 34, states this paragraph applies—for making a payment relating to the council’s liabilities stated in the regulation.’.

s 9 14 s 10 Community Services Legislation Amendment Act 2002 No. 46, 2002 9 Amendment of s 40 (Discharge of Aboriginal police function) Section 40— insert— ‘ (1A) Also, for the administration and enforcement of the liquor provisions in a council area, the police ofﬁcer in charge for the area may authorise an Aboriginal police ofﬁcer to exercise in the area the powers of— (a) an investigator under the Liquor Act, 1992 , part 7; 3 or (b) a police ofﬁcer under the Police Powers and Responsibilities Act2000 , sections 51 to 53. 4 ‘ (1B) For subsection (1A)(b), the Police Powers and Responsibilities Act2000 , sections 51 to 53, apply as if a reference in the sections to a police ofﬁcer were a reference to an Aboriginal police ofﬁcer.’. 10 Insertion of new pt 3A After section 45B— insert— ‘PART 3A—COMMUNITY JUSTICE GROUPS ‘Division 1—Establishment, functions and powers ‘45C Establishment ‘ (1) A community justice group for a community area may be established under a regulation. ‘ (2) The regulation must state the group’s name. 3 For exercise of powers by Aboriginal police ofﬁcers under the Liquor Act 1992 , part 7, see section 174A of that Act. 4 Police Powers and Responsibilities Act 2000 , sections 51 (Stopping vehicles for prescribed purposes), 52 (Power to require vehicles to be moved) and 53 (Requirement to remain at a place)

s 10 15 s 10 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘45D Functions and powers ‘ (1) The functions of the community justice group for a community area are to— (a) regulate the possession and consumption of alcohol in the area under part 3B, division 2; and (b) carry out local strategies to address justice issues affecting members of the community in the area; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor LicencesAct 2002 , part 2, division 1, for the area about the operation of the canteen in the area; 5 and (d) make recommendations to the Minister administering the LiquorAct 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. Example for subsection (1)(c) — The group may make a recommendation about the days and hours of operation of the canteen or the availability of takeaway alcohol. ‘ (2) To remove any doubt, it is declared that the group may not make recommendations about the employment of canteen staff, including, for example, the appointment of the canteen manager. ‘ (3) The group has power to do all things reasonably necessary to be done for performing its functions. ‘ (4) Without limiting subsection (3), the group has the powers conferred on it by this or another Act. ‘Division 2—Provisions about membership of groups and group coordinators ‘45E Membership ‘ (1) The community justice group for a community area comprises the number of members prescribed under a regulation. 5 See Indigenous Communities Liquor Licences Act 2002 , section 8 (Board to implement recommendations of community justice group).

s 10 16 s 10 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (2) A regulation may make provision about the following— (a) eligibility of persons to be members; (b) nomination of persons as members; (c) terms on which, and period, a member holds ofﬁce. ‘ (3) However, members must include at least 1 representative of each of the main indigenous social groupings in the area. ‘ (4) Members must be of good standing in the community. ‘ (5) In this section— “indigenous social grouping” means a group of indigenous persons sharing a common basis of social afﬁliation, including family relationship, language, traditional land ownership and historical association. ‘45F Criminal history checks ‘ (1) A regulation may provide for the disclosure by the commissioner of the police service to a stated entity of a person’s criminal history for deciding whether the person is suitable to be nominated as a member. ‘ (2) The entity must— (a) not use the information for any purpose other than for the purpose mentioned in subsection (1); and (b) as soon as practicable after the information is no longer needed for the purpose, destroy it. ‘ (3) In this section— “criminal history” , of a person, means the convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this section. “spent conviction” means a conviction— (a) for which the rehabilitation period under the CriminalLaw(RehabilitationofOffenders)Act1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act.

s 10 17 s 10 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘45G Coordinator ‘ (1) The community justice group for a community area must appoint a coordinator for the group. ‘ (2) A regulation may make provision about the eligibility of a person to be appointed as coordinator. ‘ (3) The coordinator’s functions are to— (a) provide administrative support to the group; and Example for paragraph (a) — Ensuring notice requirements under part 3B, division 2, are met. (b) attend meetings of the group to advise it on any issue before it; and (c) ensure minutes of the group’s meetings are kept; and (d) ensure the reporting requirements under section 45N are complied with. ‘Division 3—Miscellaneous provisions ‘45H Authentication of documents ‘A document made by the community justice group for a community area is sufficiently made if it is signed by the coordinator for the group. ‘45I Protection of members from civil liability ‘ (1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act. ‘ (2) If subsection (1) prevents a civil liability attaching to the member, the liability attaches instead to the State. ‘45J Reporting requirements ‘ (1) Within 90 days after the end of each reporting period, a community justice group must prepare a report on its activities for the period and give the report to the chief executive. ‘ (2) The report must be in the approved form.

s 11 18 s 11 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (3) In this section— “reporting period” means— (a) the period prescribed under a regulation; or (b) if a period is not prescribed under paragraph (a)—each quarter of a ﬁnancial year.’. 11 Insertion of new pt 3B After part 3A, as inserted by section 10— insert— ‘PART 3B—CONTROL OF POSSESSION AND CONSUMPTION OF ALCOHOL IN COMMUNITY AREAS ‘Division 1—Preliminary ‘45K Purpose of pt 3B ‘ (1) The purpose of this part is to prevent harm in community areas caused by alcohol abuse and misuse and associated violence. ‘ (2) The purpose is to be achieved by providing for the declaration of places in community areas in which the possession and consumption of alcohol is prohibited. ‘45L Deﬁnitions for pt 3B ‘In this part— “appealable decision” means a community justice group’s decision— (a) to declare, or not to declare, a place as a dry place; or (b) to amend or revoke the declaration of a place as a dry place; or (c) to suspend, or not to suspend, the declaration of a place as a dry place. “closing day for objections and submissions” see section 45N(2). “dry place” means a place declared under division 2 as a dry place.

s 11 19 s 11 Community Services Legislation Amendment Act 2002 No. 46, 2002 “entity” includes— (a) a department; and (b) a division, branch or other part of a department. “possess” alcohol includes— (a) have custody or control of the alcohol; and (b) have an ability or right to obtain custody or control of the alcohol. “private place” means— (a) a place occupied by a person, a group of persons, or an entity other than the State or a community council; or (b) a place to which a person or group of persons have the authority to control access under Aboriginal tradition. “public place” means a place that is not a private place. ‘Division 2—Dry places ‘45M Declaration ‘ (1) The community justice group for a community area may— (a) on its own initiative or on written application by the community council for the area or the chief executive of a department— (i) declare a public place in the area as a dry place; or (ii) amend or revoke a declaration made by it under subparagraph (i); or (b) on written or personal application by the occupier of a private place in the area, or a person or group of persons with authority to control access to the place under Aboriginal tradition— (i) declare the place as a dry place; or (ii) amend or revoke a declaration made by it under subparagraph (i). ‘ (2) The community justice group may invite an application about a particular private place.

s 11 20 s 11 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (3) The group must consider the application as soon as reasonably practicable. ‘ (4) A declaration may be for the limited time stated in it, or without limit of time, and may state reasonable conditions to which it is subject. ‘ (5) The group may also, on its own initiative, revoke a declaration made under subsection (1)(b) if it is satisfied it is necessary to revoke the declaration because the occupier of the place, or a person or group with authority to control access to the place under Aboriginal tradition, has acted in a way that is contrary to the effect of, or hinders the enforcement of, the declaration. ‘ (6) The group must ensure a person or group of persons who wish to make a written application under subsection (1)(b) are given help to make the application. ‘45N Notice of proposal ‘ (1) Before deciding whether to declare a place as a dry place, the community justice group for a community area must display written notice of the proposal— (a) in at least 1 prominent place in the area; and (b) if it considers it practicable, at the place. ‘ (2) The notice must— (a) sufﬁciently identify the place; and (b) state the right of a person to object or make a supporting submission; and (c) state the day (the “closing day for objections and submissions” ) on or before which— (i) a written objection or supporting submission must be made; or (ii) a written notice that a person wishes to object or make a supporting submission in person to the group, must be given; and (d) state the objection, submission or notice must be made or given to the coordinator for the group; and (e) if the proposed declaration is for a limited time—state that fact and the period proposed.

s 11 21 s 11 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (3) The notice must be displayed for at least 14 days immediately before the closing day for objections and submissions. ‘ (4) In addition to displaying written notice of the proposal as required by this section, the group must consult with members of the community resident in the area in the way it considers appropriate. ‘ (5) This section applies to the amendment or revocation of a declaration of a place as a dry place in the same way as it applies to the making of the declaration. ‘45O Objections and supporting submissions ‘ (1) A person whose interests will be affected by the declaration of a public place as a dry place may object to or support the proposal to make the declaration. ‘ (2) A proposed declaration of a private place as a dry place may be objected to or supported by— (a) a person or group of persons with the authority to control access to the place or a neighbouring place under Aboriginal tradition; or (b) the occupier of, or a person or group who use, the place or a neighbouring place. ‘ (3) The objection or supporting submission must be made— (a) in writing to the coordinator for the community justice group for the community area in which the place is located on or before the closing day for objections and submissions; or (b) if the objector or supporter tells the coordinator for the group, on or before that day, that he or she wishes to appear before the group to make a submission—personally to the group. ‘ (4) The group must consider all written objections and supporting submissions made on or before the closing day for objections and submissions. ‘ (5) If the group gives a person mentioned subsection (3)(b) a reasonable opportunity to appear before it and put the objection or supporting submission but the person fails to appear, the person loses the right to have the objection or supporting submission considered by the group. ‘ (6) A fee is not payable by an objector or supporter.

s 11 22 s 11 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (7) This section applies to the amendment or revocation of a declaration of a place as a dry place in the same way as it applies to the making of the declaration. ‘45P Notice about declaration ‘ (1) The community justice group for a community area must display written notice of the declaration of a place as a dry place in at least 1 prominent place in the area for as long as the declaration is in force. ‘ (2) The notice must— (a) sufﬁciently identify the place; and (b) state that the declaration takes effect on the day on which the declaration is displayed; and (c) if the declaration is for a limited time—state that fact and the period of the declaration; and (d) state the provisions of section 45T. ‘ (3) This section applies to the amendment or revocation of the declaration of a place as a dry place in the same way as it applies to the making of the declaration. ‘ (4) However, notice of the revocation must be displayed for at least 1 month and need not state the provisions of section 45T. ‘45Q Suspension of declaration ‘ (1) The community justice group for a community area may, on written application by any person, suspend the declaration of a public place in the area as a dry place for a period of not more than 7 days. ‘ (2) The application must state the purpose and period of the suspension sought. ‘ (3) The group must consider the application as soon as reasonably practicable. ‘ (4) The group may suspend the declaration only if it is satisﬁed it is in the best interests of the residents of the area to do so. ‘ (5) The suspension may apply for all alcohol or a particular type of alcohol.

s 11 23 s 11 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (6) Also, the suspension may state reasonable conditions to which it is subject. ‘ (7) Sections 45N to 45P apply, with all necessary changes, to the suspension of a declaration of a place as a dry place as if it were a proposal to declare a place as a dry place. ‘ (8) However, notice of the suspension displayed under section 45P need not state the provisions of section 45T. ‘45R Effect of declaration of dry place ‘ (1) This section applies if— (a) under this division, a place is declared as a dry place (the “dry place declaration” ); and (b) the place is in a restricted area under the LiquorAct1992 to which section 168B of that Act applies because of a declaration under section 173H of that Act (the “restricted area declaration” ). ‘ (2) The dry place declaration applies to the place despite the restricted area declaration. ‘Division 3—Offences ‘45S Obstructing members ‘ (1) A person must not obstruct or improperly influence a member in performing the member’s functions under this Act. Maximum penalty—200 penalty units. ‘ (2) In this section— “inﬂuence” includes attempt to influence. “obstruct” includes hinder, resist and attempt to obstruct. ‘45T Possession or consumption of alcohol in or on dry place ‘ (1) A person must not, in or on a dry place, possess or consume alcohol. Maximum penalty—250 penalty units.

s 11 24 s 11 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (2) A person must not, in or on a dry place, be drunk. Maximum penalty—25 penalty units. ‘45U False or misleading statements ‘ (1) A person must not state anything to a community justice group that the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. ‘ (2) In a proceeding for an offence against subsection (1), it is enough to state that the statement made was, without specifying which, false or misleading. ‘45V False or misleading documents ‘ (1) A person must not give a community justice group a document containing information the person knows is false or misleading in a material particular. Maximum penalty—60 penalty units. ‘ (2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the group, to the best of the person’s ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. ‘ (3) In a proceeding for an offence against subsection (1), it is enough to state that the document was, without specifying which, false or misleading. ‘Division 4—Appeals ‘45W Who may appeal ‘A person whose interests are affected by an appealable decision may appeal against the decision to a Magistrates Court.

s 11 25 s 11 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘45X How to start appeal ‘ (1) An appeal is started by— (a) ﬁling notice of appeal with the clerk of the court of a Magistrates Court in, or nearest to, the community area to which the decision relates; and (b) giving a copy of the notice to the community justice group that made the appealable decision within 7 days after the notice is ﬁled. ‘ (2) The notice of appeal must be filed within 28 days after the appellant becomes aware of the decision. ‘ (3) The court may at any time extend the period for filing the notice of appeal. ‘ (4) The notice of appeal must state fully the grounds of the appeal and the facts relied on. ‘45Y Stay of operation of decisions ‘ (1) The Magistrates Court may grant a stay of the appealable decision to secure the effectiveness of the appeal. ‘ (2) The stay— (a) may be given on the conditions the court considers appropriate; and (b) operates for the period ﬁxed by the court; and (c) may be revoked or amended by the court. ‘ (3) The period of the stay must not extend past the time when the court decides the appeal. ‘ (4) The appeal affects the appealable decision, or carrying out of the decision, only if the decision is stayed. ‘45Z Powers of Magistrates Court ‘ (1) In deciding the appeal, the Magistrates Court— (a) has the same powers as the community justice group; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice.

s 11 26 s 11 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (2) The appeal is by way of rehearing unaffected by the decision appealed against on the material before the group and any further evidence allowed by the court. ‘ (3) The court may— (a) conﬁrm the appealable decision; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the issue to the group with the directions the court considers appropriate. ‘45ZA Constitution of Magistrates Court ‘The Magistrates Court must be constituted by a magistrate when exercising its jurisdiction to decide the appeal. ‘45ZB Effect of Magistrates Court’s decision ‘If the Magistrates Court substitutes another decision, the substituted decision is, for this part (other than this division), taken to be the community justice group’s decision. ‘45ZC Appeal to District Court ‘An appeal to the District Court from a decision of a Magistrates Court may be made only on a question of law. ‘Division 5—Miscellaneous provision ‘45ZD Making applications ‘ (1) An application under this part must be made to the coordinator for the community justice group for the community area to which the application relates. ‘ (2) A fee is not payable for an application— (a) to have a place declared as a dry place; or (b) to have the declaration amended, revoked or suspended.

s 12 27 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 12 Insertion of new pt 3C After part 3B, as inserted by section 11— insert— ‘PART 3C—PROVISIONS ABOUT MAKING BY-LAWS AND SUBORDINATE BY-LAWS ‘Division 1—Preliminary ‘45ZE Deﬁnitions for pt 3C ‘In this part— “advertised proposed by-law” see section 45ZN(a). “amended proposed by-law” see section 45ZN(b). “certiﬁed copy” , of an Aboriginal council’s by-law or subordinate local law, means a copy of the by-law or subordinate local law certiﬁed by the council’s clerk to be the by-law or subordinate by-law as made by the council. “consultation period” means— (a) for a proposed by-law—the period mentioned in section 45ZK(1); or (b) for a proposed subordinate by-law—the period mentioned in section 45ZT(1). “drafting certiﬁcate” , for a proposed by-law or subordinate by-law, means a certiﬁcate signed by the relevant Aboriginal council’s clerk and a lawyer stating— (a) the law is drafted in sufﬁcient accordance with drafting standards prescribed under a regulation for the law; and (b) if section 68(2) 6 applies to the proposed law—the subsection has been complied with and all interested persons under the subsection located by the council have given written consent to the making of the law. “model by-law” see section 45ZF(1). 6 Section 68 (Power of Aboriginal council to regulate presence in area)

s 12 28 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 “proposed authorising law” see section 45ZY(1). “proposed by-law” see section 45ZI(1) or (2). “required number” means the number decided by the Minister. “subordinate by-law” see section 45ZG. ‘Division 2—Publishing model by-laws and power to make subordinate by-laws ‘45ZF Minister may publish model by-laws ‘ (1) The Minister may prepare and publish in the gazette a by-law (a “model by-law” ) about a matter within the functions of an Aboriginal council as suitable for adoption by Aboriginal councils as a by-law. ‘ (2) Also, the Minister must publish a notice in the gazette stating whether steps 3 to 7 of division 3 apply for making the model by-law. ‘ (3) However, steps 3 to 7 of division 3 may be applied for making the model by-law only if the Minister is satisﬁed the consultation process under the steps would serve a useful purpose. ‘45ZG Power to make subordinate by-laws ‘An Aboriginal council may make a law (a “subordinate by-law” ) about a matter that a by-law expressly states that the council may make about the matter. ‘Division 3—Process for making by-laws ‘45ZH By-law process ‘ (1) Subject to subsection (2), the process stated in this division must be used to make a by-law. ‘ (2) Steps 3 to 7 apply to the making of a model by-law only if the steps apply to the making of the model by-law under a notice published under section 45ZF(2). ‘ (3) If an Aboriginal council purports to make a by-law in contravention of this section, the purported law is of no effect.

s 12 29 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘45ZI Step 1—propose a by-law ‘ (1) Before making a model by-law, an Aboriginal council must, by resolution, propose to adopt the model by-law (the “proposed by-law” ). ‘ (2) Before making another by-law, an Aboriginal council must, by resolution, propose to make the by-law (also the “proposed by-law” ). ‘45ZJ Step 2—ensure proposed by-law satisfactorily deals with any State interest ‘ (1) This section does not apply if the proposed by-law is a model by-law. ‘ (2) The Aboriginal council must give the Minister the following— (a) a copy of the proposed by-law; (b) a drafting certiﬁcate for the proposed by-law; (c) information about the proposed by-law required by the Minister or under a regulation. ‘ (3) The Minister must advise the council that it may proceed further in making the law if the Minister considers— (a) State interests are satisfactorily dealt with by the proposed by-law; and (b) the proposed by-law is drafted substantially in accordance with drafting standards prescribed under a regulation. ‘ (4) Alternatively, if the Minister considers the matters mentioned in subsection (3) would be satisfactorily dealt with by the proposed by-law if the council satisfied particular conditions, the Minister— (a) may impose conditions on the council that the Minister considers appropriate; and (b) must advise the council that it may proceed further in making the law if it— (i) satisﬁes any conditions about the content of the proposed by-law; and (ii) agrees to satisfy any other conditions. ‘ (5) If the Minister considers the proposed by-law only makes a minor amendment of an existing law (including, for example, the correction of a

s 12 30 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 minor error), the advice of the Minister also may state that the council may proceed to step 8 without satisfying steps 3 to 7. ‘ (6) Steps 3 to 7 do not apply if the Minister’s advice to the council includes the statement mentioned in subsection (5). ‘ (7) The advice of the Minister also may state that the council may proceed without satisfying step 7 if the council agrees to satisfy particular conditions. ‘ (8) Before proceeding further in making a proposed by-law, the council must— (a) get an advice under subsection (3) or (4); and (b) satisfy any condition about the content of the proposed by-law; and (c) agree to satisfy any other conditions. ‘45ZK Step 3—consultation about proposed by-law ‘ (1) The Aboriginal council must consult with residents of its council area about the proposed by-law for at least 14 days (the “consultation period” ). ‘ (2) However, a longer consultation period may be— (a) ﬁxed by a condition agreed by the Minister and the council in step 2; or (b) prescribed under a regulation. ‘ (3) The consultation period begins on the day when the notice mentioned in subsection (4) is first published. ‘ (4) A notice about the proposed by-law must be— (a) published at least once in a newspaper, newsletter or other publication circulating generally in its council area; and (b) displayed in a conspicuous place in the following places from the ﬁrst day of the consultation period until the end of the last day of the consultation period— (i) the council’s ofﬁce; (ii) another prominent place in its council area. ‘ (5) The notice must state the following—

s 12 31 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 (a) the council’s name; (b) the name of the proposed by-law; (c) the purposes and general effect of the proposed by-law; (d) the length of the consultation period and the ﬁrst and last days of the period; (e) that written submissions by any person supporting or objecting to the proposed by-law may be made and given to the council on or before the last day stating— (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds. ‘ (6) Also, for a notice published under subsection (4)(a), the notice must state that a copy of the proposed by-law is open to inspection, or available, free of charge at the council’s ofﬁce until the end of the last day of the period. ‘ (7) A copy of the proposed by-law must be attached to a notice displayed under subsection (4)(b). ‘ (8) The council may also consult with residents of its council area about the proposed by-law in any way it considers appropriate. ‘ (9) If an open meeting is held under subsection (8), the council’s clerk must keep minutes of the meeting. ‘45ZL Step 4—give access to proposed by-law ‘On the ﬁrst day of the consultation period and until the end of the last day of the consultation period a copy of the proposed by-law must be open to inspection, and be available, free of charge at the Aboriginal council’s ofﬁce. ‘45ZM Step 5—accept and consider all submissions ‘ (1) The Aboriginal council must consider every submission properly made to it. ‘ (2) A submission is properly made to the council if it— (a) is the written submission of any person about the proposed by-law; and

s 12 32 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 (b) is given to the council on or before the last day of the consultation period. ‘ (3) Also, a submission is properly made to the council if it is made at a meeting held under section 45ZK(8) and recorded in the minutes of the meeting. ‘45ZN Step 6—decide whether to proceed with making proposed by-law ‘After considering every submission properly made to it, the Aboriginal council must, by resolution, decide whether to— (a) proceed with making the proposed by-law as advertised (the “advertised proposed by-law ”); or (b) proceed with making the proposed by-law with amendments (the “amended proposed by-law” ); or (c) not proceed with making the proposed by-law. ‘45ZO Step 7—again ensure proposed by-law satisfactorily deals with any State interest ‘ (1) This step does not apply in the following cases— (a) if the Aboriginal council receives an advice under section 45ZJ(5) or (7) and has satisﬁed any agreed conditions; (b) if the Aboriginal council decides to proceed with making the advertised proposed by-law; (c) if the Aboriginal council decides not to proceed with the proposed by-law; (d) if a regulation states the step does not apply. ‘ (2) The council must— (a) advise the Minister of its decision under step 6; and (b) give the Minister information about the proposed by-law required by the Minister or by regulation. ‘ (3) If the Minister considers that State interests are satisfactorily dealt with by the proposed by-law, the Minister must advise the council it may proceed to step 8.

s 12 33 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (4) Alternatively, if the Minister considers State interests would be satisfactorily dealt with by the proposed by-law if the council satisfied particular conditions, the Minister— (a) may impose conditions on the council that the Minister considers appropriate; and (b) must advise the council that it may proceed to step 8 if it— (i) satisﬁes any conditions about the content of the proposed by-law; and (ii) agrees to satisfy any other conditions. ‘ (5) Before proceeding further in making a proposed by-law, the council must— (a) get an advice under subsection (3) or (4); and (b) satisfy any condition about the content of the proposed by-law; and (c) agree to satisfy any other conditions. ‘45ZP Step 8—make proposed by-law ‘ (1) If the proposed by-law is a model by-law about a matter, the Aboriginal council makes the model by-law if, by resolution, it— (a) adopts the model by-law; and (b) if there is an existing by-law about the matter that is inconsistent with what is adopted—amends or repeals the existing by-law so that there is no inconsistency. ‘ (2) If the proposed by-law is not a model by-law, the council must, by resolution, make— (a) the advertised proposed by-law; or (b) the amended proposed by-law; or (c) the proposed by-law for which the council received advice from the Minister that it could proceed to this step without satisfying steps 3 to 7. ‘ (3) The council’s clerk must certify the required number of copies of the by-law to be the by-law as made by the council under subsection (1) or (2).

s 12 34 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘45ZQ Step 9—give public notice of law ‘ (1) A notice of the making of the by-law must be— (a) gazetted; and (b) displayed in a conspicuous place in the Aboriginal council’s ofﬁce and the other prominent places in its council area the council considers appropriate. ‘ (2) A notice under subsection (1) must state the following— (a) the name of the council making the by-law; (b) the name of the by-law; (c) the date of the council’s resolution making the by-law; (d) the name of any existing by-law amended or repealed by the new by-law. ‘ (3) The notice also may state the following— (a) the purposes and general effect of the by-law; (b) that a certiﬁed copy of the by-law is open to inspection at the council’s ofﬁce; (c) that a copy of the certiﬁed copy of the by-law is available free of charge at the council’s ofﬁce and at the department’s ofﬁces. ‘ (4) If notice of the making of the by-law is not gazetted within 1 year after the date of the council’s resolution making the by-law or the longer period decided by the Minister, the process stated in this division must be used again before the by-law is notified in the gazette. ‘ (5) On the day notice of the making of the by-law is gazetted or as soon as practicable after the day, the council must give the Minister— (a) a copy of the notice; and (b) the required number of certiﬁed copies of the by-law. ‘Division 4—Process for making subordinate by-laws ‘45ZR Subordinate by-law process ‘ (1) The process stated in this division must be used to make a subordinate by-law.

s 12 35 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (2) If an Aboriginal council purports to make a subordinate by-law in contravention of subsection (1), the purported subordinate by-law is of no effect. ‘45ZS Step 1—propose a subordinate by-law ‘Before making a subordinate by-law, the Aboriginal council must, by resolution, propose to make a subordinate by-law. ‘45ZT Step 2—consultation about proposed subordinate by-law ‘ (1) The Aboriginal council must consult with residents of its council area about the proposed subordinate by-law for at least 14 days (the “consultation period” ). ‘ (2) However, a longer consultation period may be prescribed under a regulation. ‘ (3) The consultation period begins on the day when the notice mentioned in subsection (4) is first published. ‘ (4) A notice about the proposed subordinate by-law must be— (a) published at least once in a newspaper, newsletter or other publication circulating generally in its council area; and (b) displayed in a conspicuous place in the following places from the ﬁrst day of the consultation period until the end of the last day of the consultation period— (i) the council’s ofﬁce; (ii) another prominent place in its council area. ‘ (5) The notice must state the following— (a) the council’s name; (b) the name of the proposed subordinate by-law; (c) the name of— (i) the by-law allowing the subordinate by-law to be made; or (ii) if this step is used under section 45ZY—the proposed authorising law; (d) the purposes and general effect of the proposed subordinate by-law;

s 12 36 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 (e) the length of the consultation period and the ﬁrst and last days of the period; (f) that a copy of the proposed subordinate by-law is open to inspection, or available, free of charge at the council’s ofﬁce until the end of the last day of the period; (g) that written submissions by any person supporting or objecting to the proposed subordinate by-law may be made and given to the council on or before the last day stating— (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds. ‘ (6) Also, for a notice published under subsection (4)(a), the notice must state that a copy of the proposed subordinate by-law is open to inspection, or available, free of charge at the council’s ofﬁce until the end of the last day of the period. ‘ (7) A copy of the proposed subordinate by-law must be attached to a notice displayed under subsection (4)(b). ‘ (8) The council may also consult with residents of its council area about the proposed subordinate by-law in any way it considers appropriate. ‘ (9) If an open meeting is held under subsection (8), the council’s clerk must keep minutes of the meeting. ‘45ZU Step 3—give access to proposed subordinate by-law ‘On the ﬁrst day of the consultation period and until the end of the last day of the consultation period a copy of the proposed subordinate by-law must be open to inspection, and be available, free of charge at the Aboriginal council’s ofﬁce. ‘45ZV Step 4—accept and consider all submissions ‘ (1) The Aboriginal council must consider every submission properly made to it. ‘ (2) A submission is properly made to the council if it— (a) is the written submission of any person about the proposed subordinate by-law; and

s 12 37 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 (b) is given to the council on or before the last day of the consultation period. ‘ (3) Also, a submission is properly made to the council if it is made at a meeting held under section 45ZT(8) and recorded in the minutes of the meeting. ‘45ZW Step 5—make proposed subordinate by-law ‘ (1) If, after considering every submission properly made to it, the Aboriginal council decides to make the proposed subordinate by-law, whether as advertised or with amendments, it must, by resolution, make the subordinate by-law. ‘ (2) However, the council may substantially amend the proposed subordinate by-law only if the council again consults with residents of its council area under section 45ZT and complies with steps 3 and 4. ‘ (3) The council’s clerk must certify the required number of copies of the subordinate by-law to be the subordinate by-law as made by the council. ‘45ZX Step 6—give public notice of subordinate by-law ‘ (1) A notice of the making of the subordinate by-law must be— (a) gazetted; and (b) displayed in a conspicuous place in the Aboriginal council’s ofﬁce and the other prominent places in its council area the council considers appropriate. ‘ (2) A notice under subsection (1) must state the following— (a) the name of the council making the subordinate by-law; (b) the name of the subordinate by-law; (c) the date of the council’s resolution making the subordinate by-law; (d) the name of any existing subordinate by-law amended or repealed by the new subordinate by-law. ‘ (3) The notice also may state— (a) the name of the by-law allowing the subordinate by-law to be made; or

s 12 38 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 (b) the purposes and general effect of the subordinate by-law. ‘ (4) On the day notice of the making of the subordinate by-law is gazetted or as soon as practicable after the day, the council must give the Minister— (a) a copy of the notice; and (b) the required number of certiﬁed copies of the subordinate by-law; and (c) a drafting certiﬁcate for the subordinate by-law. ‘45ZY Early start for subordinate by-law making process ‘ (1) The purpose of this section is to permit an Aboriginal council to start the process for making a subordinate by-law even though the process for making the by-law on which the subordinate by-law is to be based (the “proposed authorising law” ) has not finished. ‘ (2) A council may use steps 1 to 5 of the process for making the subordinate by-law, other than actually making the subordinate by-law, before the proposed authorising by-law is made if— (a) in making the proposed authorising law, the council has to satisfy steps 3 to 7 of division 3; and (b) the notice about the subordinate by-law under section 45ZT is published no earlier than the notice about the proposed authorising law under section 45ZK is published. ‘Division 5—Commencement and status of by-laws and subordinate by-laws ‘45ZZ Commencement of by-laws and subordinate by-laws ‘ (1) A by-law or subordinate by-law commences— (a) on the day notice of the making of the by-law or subordinate by-law is gazetted; or (b) if a later day or time is ﬁxed in the by-law or subordinate by-law—on that day or at that time. ‘ (2) If notice of the making of the by-law or subordinate by-law is gazetted on a day after the day or time fixed by the by-law or subordinate

s 12 39 s 12 Community Services Legislation Amendment Act 2002 No. 46, 2002 by-law for its commencement, the by-law or subordinate by-law is valid, but commences on the day on which it is notified. ‘45ZZA Effect of by-laws ‘On commencement, a by-law made by an Aboriginal council has the force of law. ‘45ZZB Extent to which subordinate by-law is binding ‘ (1) An Aboriginal council’s subordinate by-law is binding on the council. ‘ (2) An Aboriginal council’s subordinate by-law on a matter is binding on anyone else to the extent stated in the by-law stating the matter about which the subordinate by-law may be made. ‘45ZZC When subordinate by-laws cease to have effect ‘ (1) This section applies if— (a) a by-law or provision of a by-law states a matter about which a subordinate by-law may be made; and (b) a subordinate by-law is made about the matter; and (c) the by-law is repealed or the provision is omitted. ‘ (2) To remove any doubt, it is declared that the subordinate by-law ceases to have effect on the repeal or omission. ‘45ZZD Proof of by-laws and subordinate by-laws ‘ (1) In a proceeding, a certified copy of a by-law or subordinate by-law is evidence of the content of the by-law or subordinate by-law. ‘ (2) All courts, judges and persons acting judicially must take judicial notice of a certified copy of a by-law or subordinate by-law. ‘ (3) In a proceeding, a copy of the gazette, newspaper, newsletter or other publication containing a notice about the making of a by-law or subordinate by-law is— (a) evidence of the matters stated in the notice; and

s 13 40 s 14 Community Services Legislation Amendment Act 2002 No. 46, 2002 (b) evidence that the by-law or subordinate by-law has been properly made. ‘45ZZE By-law and subordinate by-law presumed to be within power ‘In a proceeding, the competence of an Aboriginal council to make a particular by-law or subordinate by-law is presumed unless the issue is raised.’. 13 Amendment of s 81 (Evidentiary aids) Section 81— insert— ‘ (2) Subsections (3) and (4) apply to a proceeding for an offence against section 45T(1). 7 ‘ (3) A statement in the complaint for the offence that ﬂuid was in a container of a type that usually holds alcohol is evidence that the ﬂuid was alcohol. ‘ (4) A certiﬁcate purporting to be signed by an analyst stating the results of an analysis of a ﬂuid is evidence of the results of the analysis. ‘ (5) In this section— “analyst” see the Health Act 1937 , section 5(1). 8 ’. 14 Insertion of new s 81A After section 81— insert— ‘81A Approved forms ‘The chief executive may approve forms for use under this Act.’. 7 Section 45T (Possession or consumption of alcohol in or on dry place) 8 Health Act 1937 , section 5(1)— “analyst” , other than for a relevant provision or part 4A, means a person appointed under section 27 as a State analyst or a person holding accreditation of a kind prescribed under a regulation.

s 15 41 s 16 Community Services Legislation Amendment Act 2002 No. 46, 2002 15 Amendment of s 82 (Regulations) (1) Section 82, heading— omit, insert— ‘82 Regulation-making power’. (2) Section 82(t)— omit, insert— ‘(t) the business and conduct of meetings of Aboriginal councils or community justice groups, including, for example, about the following— (i) the times and places of meetings; (ii) the quorum for meetings; (iii) the presiding member at meetings; (iv) the disclosure of a member’s interest before meetings; and’. 16 Insertion of new pt 10, div 2 After section 85— insert— ‘Division 2—Transitional provision for Community Services Legislation Amendment Act 2002 ‘85A Transitional provision for process for making by-laws ‘ (1) This section applies if— (a) before the commencement of this section, an Aboriginal council had, under section 26, started the process of making a by-law under the section; and (b) immediately before the commencement, the process for making the by-law had not ﬁnished. ‘ (2) Despite their repeal, sections 26 and 27 continue to apply to the making of the by-law as if they had not been repealed.’.

s 17 42 s 19 Community Services Legislation Amendment Act 2002 No. 46, 2002 17 Insertion of new pt 12 After section 86— insert— ‘PART 12—PROVISION FOR REPRINTING ACT ‘87 Numbering and renumbering of Act ‘In the next reprint of this Act produced under the Reprints Act 1992 , the provisions of this Act must be numbered and renumbered as permitted by the Reprints Act 1992 , section 43.’. PART 3—AMENDMENT OF COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 18 Act amended in pt 3 and schedule (1) This part amends the Community Services (Torres Strait) Act 1984. (2) The schedule also includes amendments of the Community Services(Torres Strait) Act 1984. 19 Amendment of s 6 (Deﬁnitions) Section 6— insert— ‘ “advertised proposed by-law” , for part 3C, see section 43ZN(a).

s 19 43 s 19 Community Services Legislation Amendment Act 2002 No. 46, 2002 “alcohol” has the same meaning as “liquor” in the Liquor Act 1992 . 9 “amended proposed by-law” , for part 3C, see section 43ZN(b). “appealable decision” , for part 3B, see section 43L. “approved form” means a form approved under section 80A. “canteen” see the IndigenousCommunitiesLiquorLicencesAct2002 , schedule. “certiﬁed copy” , for part 3C, see section 43ZE. “closing day for objections and submissions” , for part 3B, see section 43N(2). “community justice group” means a community justice group established under part 3A for a council area. “consultation period” , for part 3C, see section 43ZK(1) or 43ZT(1). “coordinator” , for a community justice group, means the person appointed under section 43G by the group to perform the functions of coordinator for the group. “drafting certiﬁcate” , for part 3C, see section 43ZE. “dry place” , for part 3B, see section 43L. “entity” , for part 3B, see section 43L. “Island police ofﬁcer” means a person appointed under section 37 as an Island police ofﬁcer for a council area. “liquor provisions” means— (a) section 43T; and 9 The Liquor Act 1992 , section 4B— 4B Meaning of “liquor” (1) “Liquor” is a spiritous or fermented ﬂuid of an intoxicating nature intended for human consumption. (2) “Liquor” also includes any other substance intended for human consumption in which the level of ethyl alcohol (ethanol) is more than 5 mL/L (0.5%) at 20ºC. (3) However, “liquor” does not include a ﬂuid, that would otherwise be liquor, if it is used merely as a preservative or medium in which fruit is offered for sale to the public in sealed containers and with the contents visible.

s 20 44 s 20 Community Services Legislation Amendment Act 2002 No. 46, 2002 (b) the Liquor Act 1992 , sections 168B, 169 and 171. 10 “member” , for parts 3A and 3B, means a member of a community justice group. “model by-law” , for part 3C, see section 43ZF(1). “police ofﬁcer in charge” , for a council area, means the police ofﬁcer in charge of the police station in the area or, if there is no police station in the area, the police ofﬁcer in charge of the nearest police station. “possess” , for part 3B, see section 43L. “proposed authorising law” , for part 3C, see section 43ZY(1). “proposed by-law” , for part 3C, see section 43ZI(1) or (2). “private place” , for part 3B, see section 43L. “public place” , for part 3B, see section 43L. “required number” , for part 3C, see section 43ZE. “State interest” , for a by-law or subordinate by-law, a provision of a by-law or subordinate by-law, or a provision of a proposed by-law or subordinate by-law, means— (a) an interest that affects an economic, social or environmental interest of the State or a region; or (b) an interest in ensuring there is an efﬁcient, effective and accountable system of local government in the council area to which the law relates; or (c) an interest prescribed under a regulation. “subordinate by-law” , for part 3C, see section 43ZG.’. 20 Amendment of s 13D (Overruling by-laws) Section 13D(3)— omit . 10 Section 43T (Possession or consumption of alcohol in or on dry place) and the Liquor Act 1992 , sections 168B (Prohibition of possession of liquor in restricted area), 169 (Authority required for sale) and 171 (Carrying or exposing liquor for sale)

s 21 45 s 23 Community Services Legislation Amendment Act 2002 No. 46, 2002 21 Amendment of s 23 (Functions of Island councils) Section 23(2A)— omit, insert— ‘ (2A) Without limiting the functions and powers of an Island council, a council may make by-laws— (a) not inconsistent with part 3B, for the purpose of regulating and controlling the possession or consumption of alcohol in its council area; or (b) conferring functions on the community justice group for its council area.’. 22 Omission of ss 24 and 25 Sections 24 and 25— omit. 23 Insertion of new s 30AA After section 30— insert— ‘30AA Special accounting provision for particular payments ‘ (1) An Island council must keep separate accounting records for payments made to it under the Indigenous Communities Liquor LicencesAct 2002 , section 9. ‘ (2) The council must ensure the amounts paid to it are used only for— (a) funding programs or services for the beneﬁt of residents of its council area; or (b) if an implementation regulation under the IndigenousCommunitiesLiquorLicencesAct2002 , section 34, states this paragraph applies—for making a payment relating to the council’s liabilities stated in the regulation.’.

s 24 46 s 25 Community Services Legislation Amendment Act 2002 No. 46, 2002 24 Amendment of s 38 (Discharge of Island police function) Section 38— insert— ‘ (1A) Also, for the administration and enforcement of the liquor provisions in a council area, the police ofﬁcer in charge for the area may authorise an Island police ofﬁcer to exercise in the area the powers of— (a) an investigator under the Liquor Act, 1992 , part 7; 11 or (b) a police ofﬁcer under the Police Powers and Responsibilities Act2000 , sections 51 to 53. 12 ‘ (1B) For subsection (1A)(b), the Police Powers and Responsibilities Act2000 , sections 51 to 53, apply as if a reference in the sections to a police ofﬁcer were a reference to an Island police ofﬁcer.’. 25 Insertion of new pt 3A After section 43B— insert— ‘PART 3A—COMMUNITY JUSTICE GROUPS ‘Division 1—Establishment, functions and powers ‘43C Establishment ‘ (1) A community justice group for a council area may be established under a regulation. ‘ (2) The regulation must state the group’s name. 11 For exercise of powers by Island police ofﬁcers under the Liquor Act 1992 , part 7, see section 174A of that Act. 12 Police Powers and Responsibilities Act 2000 , sections 51 (Stopping vehicles for prescribed purposes), 52 (Power to require vehicles to be moved) and 53 (Requirement to remain at a place)

s 25 47 s 25 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘43D Functions and powers ‘ (1) The functions of the community justice group for a council area are to— (a) regulate the possession and consumption of alcohol in the area under part 3B, division 2; and (b) carry out local strategies to address justice issues affecting members of the community in the area; and (c) make recommendations to the community liquor licence board established under the Indigenous Communities Liquor LicencesAct 2002 , part 2, division 1, for the area about the operation of the canteen in the area; 13 and (d) make recommendations to the Minister administering the LiquorAct 1992, part 6A, about declarations under that part; and (e) carry out other functions given to it under this or another Act. Example for subsection (1)(c) — The group may make a recommendation about the days and hours of operation of the canteen or the availability of takeaway alcohol. ‘ (2) To remove any doubt, it is declared that the group may not make recommendations about the employment of canteen staff, including, for example, the appointment of the canteen manager. ‘ (3) The group has power to do all things reasonably necessary to be done for performing its functions. ‘ (4) Without limiting subsection (3), the group has the powers conferred on it by this or another Act. ‘Division 2—Provisions about membership of groups and group coordinators ‘43E Membership ‘ (1) The community justice group for a council area comprises the number of members prescribed under a regulation. 13 See Indigenous Communities Liquor Licences Act 2002 , section 8 (Board to implement recommendations of community justice group).

s 25 48 s 25 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (2) A regulation may make provision about the following— (a) eligibility of persons to be members; (b) nomination of persons as members; (c) terms on which, and period, a member holds ofﬁce. ‘ (3) However, members must include at least 1 representative of each of the main indigenous social groupings in the area. ‘ (4) Members must be of good standing in the community. ‘ (5) In this section— “indigenous social grouping” means a group of indigenous persons sharing a common basis of social afﬁliation, including family relationship, language, traditional land ownership and historical association. ‘43F Criminal history checks ‘ (1) A regulation may provide for the disclosure by the commissioner of the police service to a stated entity of a person’s criminal history for deciding whether the person is suitable to be nominated as a member. ‘ (2) The entity must— (a) not use the information for any purpose other than for the purpose mentioned in subsection (1); and (b) as soon as practicable after the information is no longer needed for the purpose, destroy it. ‘ (3) In this section— “criminal history” , of a person, means the convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this section. “spent conviction” means a conviction— (a) for which the rehabilitation period under the CriminalLaw(RehabilitationofOffenders)Act1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act.

s 25 49 s 25 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘43G Coordinator ‘ (1) The community justice group for a council area must appoint a coordinator for the group. ‘ (2) A regulation may make provision about the eligibility of a person to be appointed as coordinator. ‘ (3) The coordinator’s functions are to— (a) provide administrative support to the group; and Example for paragraph (a) — Ensuring notice requirements under part 3B, division 2, are met. (b) attend meetings of the group to advise it on any issue before it; and (c) ensure minutes of the group’s meetings are kept; and (d) ensure the reporting requirements under section 43J are complied with. ‘Division 3—Miscellaneous provisions ‘43H Authentication of documents ‘A document made by the community justice group for a council area is sufficiently made if it is signed by the coordinator for the group. ‘43I Protection of members from civil liability ‘ (1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act. ‘ (2) If subsection (1) prevents a civil liability attaching to the member, the liability attaches instead to the State. ‘43J Reporting requirements ‘ (1) Within 90 days after the end of each reporting period, a community justice group must prepare a report on its activities for the period and give the report to the chief executive. ‘ (2) The report must be in the approved form.

s 26 50 s 26 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (3) In this section— “reporting period” means— (a) the period prescribed under a regulation; or (b) if a period is not prescribed under paragraph (a)—each quarter of a ﬁnancial year.’. 26 Insertion of new pt 3B After part 3A, as inserted by section 25— insert— ‘PART 3B—CONTROL OF POSSESSION AND CONSUMPTION OF ALCOHOL IN COUNCIL AREAS ‘Division 1—Preliminary ‘43K Purpose of pt 3B ‘ (1) The purpose of this part is to prevent harm in council areas caused by alcohol abuse and misuse and associated violence. ‘ (2) The purpose is to be achieved by providing for the declaration of places in council areas in which the possession and consumption of alcohol is prohibited. ‘43L Deﬁnitions for pt 3B ‘In this part— “appealable decision” means a community justice group’s decision— (a) to declare, or not to declare, a place as a dry place; or (b) to amend or revoke the declaration of a place as a dry place; or (c) to suspend, or not to suspend, the declaration of a place as a dry place. “closing day for objections and submissions” see section 43N(2). “dry place” means a place declared under division 2 as a dry place. “entity” includes—

s 27 64 s 27 Community Services Legislation Amendment Act 2002 No. 46, 2002 (b) is given to the council on or before the last day of the consultation period. ‘ (3) Also, a submission is properly made to the council if it is made at a meeting held under section 43ZK(8) and recorded in the minutes of the meeting. ‘43ZN Step 6—decide whether to proceed with making proposed by-law ‘After considering every submission properly made to it, the Island council must, by resolution, decide whether to— (a) proceed with making the proposed by-law as advertised (the “advertised proposed by-law ”); or (b) proceed with making the proposed by-law with amendments (the “amended proposed by-law” ); or (c) not proceed with making the proposed by-law. ‘43ZO Step 7—again ensure proposed by-law satisfactorily deals with any State interest ‘ (1) This step does not apply in the following cases— (a) if the Island council receives an advice under section 43ZJ(5) or (7) and has satisﬁed any agreed conditions; (b) if the Island council decides to proceed with making the advertised proposed by-law; (c) if the Island council decides not to proceed with the proposed by-law; (d) if a regulation states the step does not apply. ‘ (2) The council must— (a) advise the Minister of its decision under step 6; and (b) give the Minister information about the proposed by-law required by the Minister or by regulation. ‘ (3) If the Minister considers that State interests are satisfactorily dealt with by the proposed by-law, the Minister must advise the council it may proceed to step 8.

s 27 65 s 27 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (4) Alternatively, if the Minister considers State interests would be satisfactorily dealt with by the proposed by-law if the council satisfied particular conditions, the Minister— (a) may impose conditions on the council that the Minister considers appropriate; and (b) must advise the council that it may proceed to step 8 if it— (i) satisﬁes any conditions about the content of the proposed by-law; and (ii) agrees to satisfy any other conditions. ‘ (5) Before proceeding further in making a proposed by-law, the council must— (a) get an advice under subsection (3) or (4); and (b) satisfy any condition about the content of the proposed by-law; and (c) agree to satisfy any other conditions. ‘43ZP Step 8—make proposed by-law ‘ (1) If the proposed by-law is a model by-law about a matter, the Island council makes the model by-law if, by resolution, it— (a) adopts the model by-law; and (b) if there is an existing by-law about the matter that is inconsistent with what is adopted—amends or repeals the existing by-law so that there is no inconsistency. ‘ (2) If the proposed by-law is not a model by-law, the council must, by resolution, make— (a) the advertised proposed by-law; or (b) the amended proposed by-law; or (c) the proposed by-law for which the council received advice from the Minister that it could proceed to this step without satisfying steps 3 to 7. ‘ (3) The council’s clerk must certify the required number of copies of the by-law to be the by-law as made by the council under subsection (1) or (2).

s 27 66 s 27 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘43ZQ Step 9—give public notice of law ‘ (1) A notice of the making of the by-law must be— (a) gazetted; and (b) displayed in a conspicuous place in the Island council’s ofﬁce and the other prominent places in its council area the council considers appropriate. ‘ (2) A notice under subsection (1) must state the following— (a) the name of the council making the by-law; (b) the name of the by-law; (c) the date of the council’s resolution making the by-law; (d) the name of any existing by-law amended or repealed by the new by-law. ‘ (3) The notice also may state the following— (a) the purposes and general effect of the by-law; (b) that a certiﬁed copy of the by-law is open to inspection at the council’s ofﬁce; (c) that a copy of the certiﬁed copy of the by-law is available free of charge at the council’s ofﬁce and at the department’s ofﬁces. ‘ (4) If notice of the making of the by-law is not gazetted within 1 year after the date of the council’s resolution making the by-law or the longer period decided by the Minister, the process stated in this division must be used again before the by-law is notified in the gazette. ‘ (5) On the day notice of the making of the by-law is gazetted or as soon as practicable after the day, the council must give the Minister— (a) a copy of the notice; and (b) the required number of certiﬁed copies of the by-law. ‘Division 4—Process for making subordinate by-laws ‘43ZR Subordinate by-law process ‘ (1) The process stated in this division must be used to make a subordinate by-law.

s 27 67 s 27 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (2) If an Island council purports to make a subordinate by-law in contravention of subsection (1), the purported subordinate by-law is of no effect. ‘43ZS Step 1—propose a subordinate by-law ‘Before making a subordinate by-law, the Island council must, by resolution, propose to make a subordinate by-law. ‘43ZT Step 2—consultation about proposed subordinate by-law ‘ (1) The Island council must consult with residents of its council area about the proposed subordinate by-law for at least 14 days (the “consultation period” ). ‘ (2) However, a longer consultation period may be prescribed under a regulation. ‘ (3) The consultation period begins on the day when the notice mentioned in subsection (4) is first published. ‘ (4) A notice about the proposed subordinate by-law must be— (a) published at least once in a newspaper, newsletter or other publication circulating generally in its council area; and (b) displayed in a conspicuous place in the following places from the ﬁrst day of the consultation period until the end of the last day of the consultation period— (i) the council’s ofﬁce; (ii) another prominent place in its council area. ‘ (5) The notice must state the following— (a) the council’s name; (b) the name of the proposed subordinate by-law; (c) the name of— (i) the by-law allowing the subordinate by-law to be made; or (ii) if this step is used under section 43ZY—the proposed authorising law; (d) the purposes and general effect of the proposed subordinate by-law;

s 27 68 s 27 Community Services Legislation Amendment Act 2002 No. 46, 2002 (e) the length of the consultation period and the ﬁrst and last days of the period; (f) that a copy of the proposed subordinate by-law is open to inspection, or available, free of charge at the council’s ofﬁce until the end of the last day of the period; (g) that written submissions by any person supporting or objecting to the proposed subordinate by-law may be made and given to the council on or before the last day stating— (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds. ‘ (6) Also, for a notice published under subsection (4)(a), the notice must state that a copy of the proposed subordinate by-law is open to inspection, or available, free of charge at the council’s ofﬁce until the end of the last day of the period. ‘ (7) A copy of the proposed subordinate by-law must be attached to a notice displayed under subsection (4)(b). ‘ (8) The council may also consult with residents of its council area about the proposed subordinate by-law in any way it considers appropriate. ‘ (9) If an open meeting is held under subsection (8), the council’s clerk must keep minutes of the meeting. ‘43ZU Step 3—give access to proposed subordinate by-law ‘On the ﬁrst day of the consultation period and until the end of the last day of the consultation period a copy of the proposed subordinate by-law must be open to inspection, and be available, free of charge at the Island council’s ofﬁce. ‘43ZV Step 4—accept and consider all submissions ‘ (1) The Island council must consider every submission properly made to it. ‘ (2) A submission is properly made to the council if it— (a) is the written submission of any person about the proposed subordinate by-law; and

s 27 69 s 27 Community Services Legislation Amendment Act 2002 No. 46, 2002 (b) is given to the council on or before the last day of the consultation period. ‘ (3) Also, a submission is properly made to the council if it is made at a meeting held under section 43ZT(8) and recorded in the minutes of the meeting. ‘45ZW Step 5—make proposed subordinate by-law ‘ (1) If, after considering every submission properly made to it, the Island council decides to make the proposed subordinate by-law, whether as advertised or with amendments, it must, by resolution, make the subordinate by-law. ‘ (2) However, the council may substantially amend the proposed subordinate by-law only if the council again consults with residents of its council area under section 43ZT and complies with steps 3 and 4. ‘ (3) The council’s clerk must certify the required number of copies of the subordinate by-law to be the subordinate by-law as made by the council. ‘43ZX Step 6—give public notice of subordinate by-law ‘ (1) A notice of the making of the subordinate by-law must be— (a) gazetted; and (b) displayed in a conspicuous place in the Island council’s ofﬁce and the other prominent places in its council area the council considers appropriate. ‘ (2) A notice under subsection (1) must state the following— (a) the name of the council making the subordinate by-law; (b) the name of the subordinate by-law; (c) the date of the council’s resolution making the subordinate by-law; (d) the name of any existing subordinate by-law amended or repealed by the new subordinate by-law. ‘ (3) The notice also may state— (a) the name of the by-law allowing the subordinate by-law to be made; or

s 27 70 s 27 Community Services Legislation Amendment Act 2002 No. 46, 2002 (b) the purposes and general effect of the subordinate by-law. ‘ (4) On the day notice of the making of the subordinate by-law is gazetted or as soon as practicable after the day, the council must give the Minister— (a) a copy of the notice; and (b) the required number of certiﬁed copies of the subordinate by-law; and (c) a drafting certiﬁcate for the subordinate by-law. ‘43ZY Early start for subordinate by-law making process ‘ (1) The purpose of this section is to permit an Island council to start the process for making a subordinate by-law even though the process for making the by-law on which the subordinate by-law is to be based (the “proposed authorising law” ) has not finished. ‘ (2) A council may use steps 1 to 5 of the process for making the subordinate by-law, other than actually making the subordinate by-law, before the proposed authorising by-law is made if— (a) in making the proposed authorising law, the council has to satisfy steps 3 to 7 of division 3; and (b) the notice about the subordinate by-law under section 43ZT is published no earlier than the notice about the proposed authorising law under section 43ZK is published. ‘Division 5—Commencement and status of by-laws and subordinate by-laws ‘43ZZ Commencement of by-laws and subordinate by-laws ‘ (1) A by-law or subordinate by-law commences— (a) on the day notice of the making of the by-law or subordinate by-law is gazetted; or (b) if a later day or time is ﬁxed in the by-law or subordinate by-law—on that day or at that time. ‘ (2) If notice of the making of the by-law or subordinate by-law is gazetted on a day after the day or time fixed by the by-law or subordinate

s 27 71 s 27 Community Services Legislation Amendment Act 2002 No. 46, 2002 by-law for its commencement, the by-law or subordinate by-law is valid, but commences on the day on which it is notified. ‘43ZZA Effect of by-laws ‘On commencement, a by-law made by an Island council has the force of law. ‘43ZZB Extent to which subordinate by-law is binding ‘ (1) An Island council’s subordinate by-law is binding on the council. ‘ (2) An Island council’s subordinate by-law on a matter is binding on anyone else to the extent stated in the by-law stating the matter about which the subordinate by-law may be made. ‘43ZZC When subordinate by-laws cease to have effect ‘ (1) This section applies if— (a) a by-law or provision of a by-law states a matter about which a subordinate by-law may be made; and (b) a subordinate by-law is made about the matter; and (c) the by-law is repealed or the provision is omitted. ‘ (2) To remove any doubt, it is declared that the subordinate by-law ceases to have effect on the repeal or omission. ‘43ZZD Proof of by-laws and subordinate by-laws ‘ (1) In a proceeding, a certified copy of a by-law or subordinate by-law is evidence of the content of the by-law or subordinate by-law. ‘ (2) All courts, judges and persons acting judicially must take judicial notice of a certified copy of a by-law or subordinate by-law. ‘ (3) In a proceeding, a copy of the gazette, newspaper, newsletter or other publication containing a notice about the making of a by-law or subordinate by-law is— (a) evidence of the matters stated in the notice; and (b) evidence that the by-law or subordinate by-law has been properly made.

s 28 72 s 29 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘43ZZE By-law and subordinate by-law presumed to be within power ‘In a proceeding, the competence of an Island council to make a particular by-law or subordinate by-law is presumed unless the issue is raised.’. 28 Amendment of s 80 (Evidentiary aids) Section 80— insert— ‘ (2) Subsections (3) and (4) apply to a proceeding for an offence against section 43T(1). 15 ‘ (3) A statement in the complaint for the offence that ﬂuid was in a container of a type that usually holds alcohol is evidence that the ﬂuid was alcohol. ‘ (4) A certiﬁcate purporting to be signed by an analyst stating the results of an analysis of a ﬂuid is evidence of the results of the analysis. ‘ (5) In this section— “analyst” see the Health Act 1937 , section 5(1). 16 ’. 29 Insertion of new s 80A After section 80— insert— ‘80A Approved forms ‘The chief executive may approve forms for use under this Act.’. 15 Section 43T (Possession or consumption of alcohol in or on dry place) 16 Health Act 1937 , section 5(1)— “analyst” , other than for a relevant provision or part 4A, means a person appointed under section 27 as a State analyst or a person holding accreditation of a kind prescribed under a regulation.

s 30 73 s 31 Community Services Legislation Amendment Act 2002 No. 46, 2002 30 Amendment of s 81 (Regulations) (1) Section 81, heading— omit, insert— ‘81 Regulation-making power’. (2) Section 81(t)— omit, insert— ‘(t) the business and conduct of meetings of Island councils or community justice groups, including, for example, about the following— (i) the times and places of meetings; (ii) the quorum for meetings; (iii) the presiding member at meetings; (iv) the disclosure of a member’s interest before meetings; and’. 31 Insertion of new pt 10, div 3 After section 84A— insert— ‘Division 3—Transitional provision for Community Services Legislation Amendment Act 2002 ‘84B Transitional provision for process for making by-laws ‘ (1) This section applies if— (a) before the commencement of this section, an Island council had, under section 24, started the process of making a by-law under the section; and (b) immediately before the commencement, the process for making the by-law had not ﬁnished. ‘ (2) Despite their repeal, sections 24 and 25 continue to apply to the making of the by-law as if they had not been repealed.’.

s 32 74 s 34 Community Services Legislation Amendment Act 2002 No. 46, 2002 32 Insertion of new pt 12 After section 85— insert— ‘PART 12—PROVISION FOR REPRINTING ACT ‘86 Numbering and renumbering of Act ‘In the next reprint of this Act produced under the Reprints Act 1992 , the provisions of this Act must be numbered and renumbered as permitted by the Reprints Act 1992 , section 43.’. PART 4—AMENDMENT OF LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 33 Act amended in pt 4 and schedule (1) This part amends the LocalGovernment(AboriginalLands)Act1978. (2) The schedule also includes amendments of the LocalGovernment(Aboriginal Lands) Act 1978. 34 Amendment of s 3 (Deﬁnitions) Section 3— insert— ‘ “liquor provisions” means— (a) the Community Services (Aborigines) Act 1984 , section 45T; and (b) the Liquor Act 1992 , sections 168B, 169 and 171. 17 17 CommunityServices(Aborigines)Act1984 , section 45T (Possession or consumption of alcohol in or on dry place) and the Liquor Act 1992 , sections 168B (Prohibition of possession of liquor in restricted area), 169 (Authority required for sale) and 171 (Carrying or exposing liquor for sale)

s 35 75 s 36 Community Services Legislation Amendment Act 2002 No. 46, 2002 “police ofﬁcer in charge” , for a shire, means the police ofﬁcer in charge of a police station in the shire.’. 35 Insertion of new s 15 After section 14— insert— ‘15 Special accounting provision for particular payments ‘ (1) Each of the Councils of the Shires of Aurukun and Mornington must keep separate accounting records for payments made to it under the Indigenous Communities Liquor Licences Act 2002 , section 9. ‘ (2) The council must ensure the amounts paid to it are used only for— (a) funding programs or services for the beneﬁt of residents of its shire; or (b) if an implementation regulation under the IndigenousCommunitiesLiquorLicencesAct2002 , section 34, states this paragraph applies—for making a payment relating to the Council’s liabilities stated in the regulation.’. 36 Amendment of s 33 (Law and order in shires) Section 33— insert— ‘ (2C) Also, for the administration and enforcement of the liquor provisions in a shire, the police ofﬁcer in charge for the shire may authorise an Aboriginal police ofﬁcer to exercise in the area the powers of— (a) an investigator under the Liquor Act, 1992 , part 7; 18 or (b) a police ofﬁcer under the Police Powers and Responsibilities Act2000 , sections 51 to 53. 19 18 For exercise of powers by Aboriginal police ofﬁcers under the Liquor Act 1992 , part 7, see section 174A of that Act. 19 Police Powers and Responsibilities Act 2000 , sections 51 (Stopping vehicles for prescribed purposes), 52 (Power to require vehicles to be moved) and 53 (Requirement to remain at a place)

s 37 76 s 39 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (2D) For subsection (2C)(b), the Police Powers and Responsibilities Act2000 , sections 51 to 53, apply as if a reference in the sections to a police ofﬁcer were a reference to an Aboriginal police ofﬁcer.’. 37 Insertion of new s 55AA After section 55— insert— ‘55AA Delegation ‘ (1) The secretary may delegate the secretary’s powers under this Act to an appropriately qualiﬁed employee of the shire council. ‘ (2) In this section— “appropriately qualiﬁed” , for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.’. 38 Omission of pt 6 (Control of possession or consumption of alcohol at Aurukun) Part 6— omit. 39 Insertion of new pt 8, div 2 and pt 9 After section 111— insert— ‘Division 2—Transitional provisions for Community Services Legislation Amendment Act 2002 ‘112 Deﬁnitions for div 2 ‘In this division— “law council” means the Aurukun Alcohol Law Council established under the repealed part.

s 39 77 s 39 Community Services Legislation Amendment Act 2002 No. 46, 2002 “community justice group” means the community justice group established under the CommunityServices(Aborigines)Act1984 , part 3A, for the Shire of Aurukun. “new dry place provisions” means the Community Services (Aborigines)Act 1984 , part 3B. “repeal” means the repeal of part 6 of this Act by the Community Services Legislation Amendment Act 2002 . “repealed part” means part 6 of this Act as in force before its repeal. “shire council” means the Council of the Shire of Aurukun. ‘113 Law council dissolved ‘On the repeal, the law council is dissolved. ‘114 Assets and liabilities ‘On the repeal, assets and liabilities of the law council immediately before the repeal vest in the shire council. ‘115 Application to declare dry place ‘ (1) This section applies if, before the repeal— (a) an application under the repealed part for a place to be declared to be a dry place had been made to the law council; and (b) the law council had not given notice of the proposal under the repealed part. ‘ (2) The community justice group must deal with the application under the new dry place provisions as if the application were made under the provisions. ‘116 Notice of proposal to declare dry place ‘ (1) This section applies if, before the repeal, the law council— (a) had, under the repealed part, given notice of a proposal to declare a place to be a dry place; but (b) had not, under the repealed part, declared the place to be a dry place.

s 39 78 s 39 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘ (2) The community justice group must deal with the matter, including, considering any objections and submissions to the proposal, under the new dry place provisions as if the proposal were made and notiﬁed under the provisions. ‘117 Notice about dry place declaration ‘This section applies if, before the repeal, the law council— (a) had, under the repealed part, declared a place to be a dry place; but (b) had not, under the repealed part, displayed notice of the declaration. ‘ (2) The declaration is taken to be a declaration by the community justice group, under the new dry place provisions, of the place as a dry place and the community justice group must display notice of the declaration under the provisions as if it were made under the provisions. ‘118 Dry place declaration continues in force ‘ (1) This section applies if— (a) under the repealed part, the law council declared a place to be a dry place; and (b) the declaration was in force immediately before the repeal. ‘ (2) The declaration is taken to be a declaration by the community justice group, under the new dry place provisions, of the place as a dry place. ‘119 Reporting requirements ‘ (1) Within 30 days after the repeal, the chief executive officer of the shire of Aurukun must— (a) prepare a report on the law council’s activities for the reporting period; and (b) give the report to the shire council. ‘ (2) As soon as practicable after giving the report to the shire council, the chief executive officer must— (a) publish a notice in a newspaper circulating generally in the shire; and

s 39 79 s 39 Community Services Legislation Amendment Act 2002 No. 46, 2002 (b) display a notice in a prominent place in the township of Aurukun. ‘ (3) The notices must advise that copies of the report are open for inspection, or available, free of charge at the shire council’s office. ‘ (4) The shire council’s annual report prepared under the LocalGovernmentAct1993 for the financial year that includes the reporting period must contain the chief executive officer’s report. ‘ (5) In this section— “reporting period” means the period starting on the ﬁrst day of the ﬁnancial year after the last ﬁnancial year for which a report was prepared under repealed section 56 and ending on the day before the repeal. ‘120 Transitional regulation-making power ‘ (1) A regulation (a “transitional regulation” ) may make provision about a matter for which— (a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of repealed part 6 to the operation of the CommunityServices(Aborigines) Act 1984 , parts 3A and 3B; and (b) this division does not make provision or sufﬁcient provision. ‘ (2) Without limiting subsection (1), a regulation may be made about the following— (a) the enforcement of contracts, guarantees, undertakings and securities entered into or given by or on behalf of the law council; (b) reviews and appeals against decisions under the repealed part being started or continued under the part; (c) legal proceedings taken, or that could have been taken, against the law council. ‘ (3) A transitional regulation may have retrospective operation to a day not earlier than the repeal. ‘ (4) A transitional regulation must declare it is a transitional regulation. ‘ (5) This section and any transitional regulation expire 1 year after the repeal.

s 40 80 s 40 Community Services Legislation Amendment Act 2002 No. 46, 2002 ‘PART 9—PROVISION FOR REPRINTING ACT ‘121 Numbering and renumbering of Act ‘In the next reprint of this Act produced under the Reprints Act 1992 , the provisions of this Act must be numbered and renumbered as permitted by the Reprints Act 1992 , section 43.’. PART 5—MINOR AND CONSEQUENTIAL AMENDMENTS 40 Acts amended The schedule amends the Acts it mentions.

81 Community Services Legislation Amendment Act 2002 No. 46, 2002 SCHEDULE MINOR AND CONSEQUENTIAL AMENDMENTS sections 3(2), 18(2), 33(2) and 40 COMMUNITY SERVICES (ABORIGINES) ACT 1984 1 Sections 36(3), 39(1), 40(1) and (2) and 41, after ‘Aboriginal police’— insert — ‘ofﬁcers’. 2 Section 40, heading, ‘function’— omit, insert — ‘ ofﬁcers’ functions etc. ’. 3 Section 45B(1)(a), ‘any member of the Aboriginal police’— omit, insert — ‘an Aboriginal police ofﬁcer’. 4 Section 82(n), after ‘service of Aboriginal police’— insert — ‘ofﬁcers’.

82 Community Services Legislation Amendment Act 2002 No. 46, 2002 SCHEDULE (continued) 5 Part 10, heading— omit, insert — ‘PART 10—TRANSITIONAL PROVISIONS ‘Division 1—Transitional provision for Community Services LegislationAmendment Act 1999’. COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 1 Sections 34(3), 37(1), 38(1) and (2) and 39, after ‘Island police’— insert — ‘ofﬁcers’. 2 Section 38, heading, ‘function’— omit, insert — ‘ ofﬁcers’ functions etc. ’. 3 Section 43B(1)(a), ‘any member of the Island police’— omit, insert — ‘an Island police ofﬁcer’. 4 Section 81(n), after ‘service of Island police’— insert — ‘ofﬁcers’.

83 Community Services Legislation Amendment Act 2002 No. 46, 2002 SCHEDULE (continued) JUVENILE JUSTICE ACT 1992 1 Section 109(5), deﬁnition “community justice group”— omit, insert — ‘ “community justice group” , for a child, means— (a) the community justice group established under the CommunityServices(Aborigines)Act1984 , part 3A, division 1, or Community Services (Torres Strait) Act 1984 , part 3A, division 1, for the child’s community; or (b) a group of persons within the child’s community, other than a department of government, that is involved in the provision of any of the following— (i) information to a court about Aboriginal or Torres Strait Islander offenders; (ii) diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander offenders; (iii) other activities relating to local justice issues; or (c) a group of persons made up of the elders or other respected persons of the child’s community.’. LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 1 Section 8, from ‘held by’ to ‘ 1993, ’— omit, insert — ‘held by the Council of the Shire of Aurukun or the Council of the Shire of Mornington’. 2 Sections 18(1)(a) and (b), 21(a) to (d) and 25(1)(a), ‘;’— omit, insert — ‘; and’.

84 Community Services Legislation Amendment Act 2002 No. 46, 2002 SCHEDULE (continued) 3 Section 32, from ‘or section 4’ to ‘is not empowered’— omit, insert— ‘, the Council of the Shire of Aurukun or the Council of the Shire of Mornington is not empowered’. 4 Part 8, heading— omit, insert — ‘PART 8—VALIDATING AND TRANSITIONAL PROVISIONS ‘Division 1—Validating provision’. PENALTIES AND SENTENCES ACT 1992 1 Section 9(6), deﬁnition “community justice group”— omit, insert — ‘ “community justice group” , for an offender, means — (a) the community justice group established under the CommunityServices(Aborigines)Act1984 , part 3A, division 1, or Community Services (Torres Strait) Act 1984 , part 3A, division 1, for the offender’s community; or (b) a group of persons within the offender’s community, other than a department of government, that is involved in the provision of any of the following— (i) information to a court about Aboriginal or Torres Strait Islander offenders; (ii) diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander offenders; (iii) other activities relating to local justice issues; or

85 Community Services Legislation Amendment Act 2002 No. 46, 2002 SCHEDULE (continued) (c) a group of persons made up of elders or other respected persons of the offender’s community.’. © State of Queensland 2002